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jcra615

Not Enough Tax Returns?

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Hey VisaJourney Friends,

 

My husband will be applying for citizenship based on the 3-year rule in the coming year, so we’re starting to look into what documents we need to assemble for the application. Backstory, he entered the U.S. on a K1 visa and is currently in processing for the I-751 Removal of Conditions.

 

I’m seeing from the citizenship requirements that we should submit three years of tax returns. Here is the issue: by the time we file the N-400, we will only have two years of “married filing jointly” tax returns. The first year that we would have filed together, he was not able to work in the U.S. yet because he was in AOS processing, and we had previously lived in Ecuador, where I was making a small salary working with a US nonprofit based in Ecuador, not enough to meet the U.S. minimum income tax filing requirements. I have my W-2 from that year to prove that I did not meet the minimum filing requirement.

 

What should we do? For the I-751, we submitted my W-2 from that year, plus an affidavit we both signed explaining the situation.

Thoughts?

 

Thank you in advance!


I-751

29 Oct 2018      Application Sent

31 Oct 2018      Application Received 

5 Nov 2018       Text confirmation 

6 Nov 2018       Check Cashed

1 Dec 2018       Biometrics Appointment Notice

6 Dec 2018       NOA1 Date

10 Dec 2018     Biometrics Appointment - Syracuse, NY

11 Dec 2018     NOA1 Received

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You can only submit what you have.

 

the first year he should have still be listed on your return even if he didnt make anything. even if you were not making enough (how did you get him here on a k1, then?) you should have filed.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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Just now, debbiedoo said:

You can only submit what you have.

 

the first year he should have still be listed on your return even if he didnt make anything. even if you were not making enough (how did you get him here on a k1, then?) you should have filed.

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?


I-751

29 Oct 2018      Application Sent

31 Oct 2018      Application Received 

5 Nov 2018       Text confirmation 

6 Nov 2018       Check Cashed

1 Dec 2018       Biometrics Appointment Notice

6 Dec 2018       NOA1 Date

10 Dec 2018     Biometrics Appointment - Syracuse, NY

11 Dec 2018     NOA1 Received

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2 minutes ago, Carley said:

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?

as i said, you can only submit what you have.

 

@Greenbaum ?


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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3 minutes ago, Carley said:

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?

If you were married when you filed and did not include him, you may need to file an amended tax return for the first year. Hopefully, you did not file as single and if so, your husband's name should have been listed in your tax return. Unless his name appears in your W-2 there would be no point in including that.


K1 Visa Journey


Event Date
Service Center: Vermont Service Center
Consulate: Montreal, Canada
I-129F Sent: 2012-12-27
I-129F NOA1: 2013-01-17
I-129F RFE(s): 2013-05-31
RFE Reply(s): 2013-06-04
I-129F NOA2: 2013-12-19

Consulate Received: 2014-04-17
Packet 3 Received: 2014-06-13
Packet 3 Sent: 2014-06-17
Packet 4 Received: 2014-08-27
Interview Date: 2014-10-24

Interview Result: Administrative Review
Second Interview
(If Required): No
Approved: 2014-07-17
Visa in hand: 2014-07-21



Adjustment of Status


Event Date
CIS Office: Chicago Lockbox/Tampa FL
Date Filed: 2015-12-07
NOA Date: 2015-12-16
NOA Hardcopy: 2015-12-21
RFE(s):
Bio. Appt.:
AOS Transfer**:
Interview Date:
Approval / Denial Date:
Approved:
Got I551 Stamp:
Green card Received:
Comments: Angry white men be like


xfarp.jpg

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1 minute ago, neoblast said:

If you were married when you filed and did not include him, you may need to file an amended tax return for the first year. Hopefully, you did not file as single and if so, your husband's name should have been listed in your tax return. Unless his name appears in your W-2 there would be no point in including that.

No no, when I filed this past return, when we were both making enough to file, we filed as "married, filing jointly." We did not file anything for the first year.

 

Thanks! 


I-751

29 Oct 2018      Application Sent

31 Oct 2018      Application Received 

5 Nov 2018       Text confirmation 

6 Nov 2018       Check Cashed

1 Dec 2018       Biometrics Appointment Notice

6 Dec 2018       NOA1 Date

10 Dec 2018     Biometrics Appointment - Syracuse, NY

11 Dec 2018     NOA1 Received

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Well then, as debbiedoo: you can only submit what you have or wait a bit to avoid an RFE or a denial. I understand that you want to get this over but applying under 3-year marriage rule requires 3 years of tax return and/or anything proving you stayed together during the past 3 years. You could take a chance or wait until you file your taxes for this year. 


K1 Visa Journey


Event Date
Service Center: Vermont Service Center
Consulate: Montreal, Canada
I-129F Sent: 2012-12-27
I-129F NOA1: 2013-01-17
I-129F RFE(s): 2013-05-31
RFE Reply(s): 2013-06-04
I-129F NOA2: 2013-12-19

Consulate Received: 2014-04-17
Packet 3 Received: 2014-06-13
Packet 3 Sent: 2014-06-17
Packet 4 Received: 2014-08-27
Interview Date: 2014-10-24

Interview Result: Administrative Review
Second Interview
(If Required): No
Approved: 2014-07-17
Visa in hand: 2014-07-21



Adjustment of Status


Event Date
CIS Office: Chicago Lockbox/Tampa FL
Date Filed: 2015-12-07
NOA Date: 2015-12-16
NOA Hardcopy: 2015-12-21
RFE(s):
Bio. Appt.:
AOS Transfer**:
Interview Date:
Approval / Denial Date:
Approved:
Got I551 Stamp:
Green card Received:
Comments: Angry white men be like


xfarp.jpg

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29 minutes ago, debbiedoo said:

as i said, you can only submit what you have.

 

@Greenbaum ?

I agree. You can only do with what you have to do. :thumbs:


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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